The "End Judge Shopping Act" requires civil actions seeking nationwide injunctions to be filed in judicial districts with at least two active judges, limiting the potential for single judges to issue orders affecting the entire country.
Mikie Sherrill
Representative
NJ-11
The "End Judge Shopping Act" amends title 28 of the U.S. Code to limit the issuance of nationwide injunctions by single-judge divisions of U.S. District Courts. It requires that civil actions seeking orders with nationwide enforcement be filed in districts with at least two active judges. This aims to prevent plaintiffs from strategically filing lawsuits in divisions where a single judge could issue an injunction affecting the entire country.
A piece of legislation titled the "End Judge Shopping Act" proposes a significant change to federal court procedures by amending Title 28 of the U.S. Code. The core of the bill is a new rule: if a lawsuit seeks a nationwide injunction – that's a court order aiming to block a federal policy across the entire country – it can no longer be filed in just any federal court division. Instead, such cases must be brought before a division that has at least two active judges assigned to it. This effectively removes the power of single-judge divisions to issue these broad, country-wide orders.
So, what does this mean practically? Right now, a single federal judge, potentially in any district court division regardless of its size, can issue an injunction halting a major federal action everywhere. Think about challenges to sweeping immigration policies, environmental regulations, or healthcare rules. This bill redraws the map for where those initial challenges can happen. Under Section 2, seeking that kind of immediate, nationwide stopgap requires heading to a court division specifically staffed with multiple judges. The stated aim, reflected in the bill's title, is likely to prevent litigants from strategically picking a single, potentially sympathetic judge in a specific location to try and secure a nationwide ruling.
This structural shift could have a few key ripple effects. For individuals or groups wanting to quickly challenge a new federal policy they believe is harmful on a national scale, this could add hurdles. It might mean needing to file in specific, potentially less convenient, court locations or navigating proceedings designed for multi-judge review from the outset. This potentially impacts the speed and accessibility of seeking broad relief against government actions, raising concerns about limiting access to justice or restricting the scope of available challenges.
Furthermore, this concentrates the power to issue nationwide injunctions into divisions with more judicial resources, typically found in larger metropolitan areas. While proponents might argue this ensures more deliberation before a nationwide policy is halted, it also shifts significant leverage away from smaller, single-judge divisions. It changes the initial dynamics of how major legal battles over federal policy begin, requiring plaintiffs seeking nationwide impact to start their fight on a different, potentially more complex, stage.